Common use of Rights of the Residual Interestholder Clause in Contracts

Rights of the Residual Interestholder. Notwithstanding anything contained herein or in any Transaction Document to the contrary, after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, (i) the Residual Interestholder will succeed to the rights of the Noteholders under this Agreement, (ii) the Owner Trustee will succeed to the rights of, but not, without its express consent, the obligations of the Indenture Trustee pursuant to this Agreement and (iii) the Collection Account will continue to be maintained as set forth in Section 4.4; provided, however, the Residual Interestholder shall not be entitled to any payments pursuant to Section 4.4 other than pursuant to clause fifteenth thereof. [SIGNATURES FOLLOW] 38 Sale and Servicing Agreement (20[ ]-[ ]) IN WITNESS WHEREOF, the parties have caused this Sale and Servicing Agreement to be duly executed by their respective officers thereunto duly authorized as of the day and year first above written. SANTANDER DRIVE AUTO RECEIVABLES LLC, as Seller By: Name: Title: SANTANDER DRIVE AUTO RECEIVABLES TRUST 20[ ]-[ ], as Issuer By: [ ], not in its individual capacity but solely as Owner Trustee By: Name: Title: SANTANDER CONSUMER USA INC., as Servicer By: Name: Title: [ ], not in its individual capacity but solely as Indenture Trustee By: Name: Title: SCHEDULE I REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RECEIVABLES

Rights of the Residual Interestholder. Notwithstanding anything contained herein or in any Transaction Document to the contrary, after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, (i) the Residual Interestholder will succeed to the rights of the Noteholders under this Agreement, (ii) the Owner Trustee will succeed to the rights of, but not, without its express consent, the obligations of the Indenture Trustee pursuant to this Agreement and (iii) the Collection Account will continue to be maintained as set forth in Section 4.4; provided, however, the Residual Interestholder shall not be entitled to any payments pursuant to Section 4.4 other than pursuant to clause fifteenth thereof. [SIGNATURES FOLLOW] 38 36 Sale and Servicing Agreement (20[ ]2013-[ ]3) IN WITNESS WHEREOF, the parties have caused this Sale and Servicing Agreement to be duly executed by their respective officers thereunto duly authorized as of the day and year first above written. SANTANDER DRIVE AUTO RECEIVABLES LLC, as Seller By: Name: Xxxxxx Xxxx Title: SANTANDER DRIVE Vice President XXXXXXXXX XXXXX AUTO RECEIVABLES TRUST 20[ ]2013-[ ]3, as Issuer By: [ ], U.S. Bank Trust National Association,not in its individual capacity but solely butsolely as Owner Trustee By: Name: Title: SANTANDER CONSUMER USA INC., as Servicer By: Name: Xxxx XxXxxxxxxx Title: [ ]Treasurer XXXXX FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Indenture Trustee By: Name: Title: SCHEDULE I REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RECEIVABLES

Rights of the Residual Interestholder. Notwithstanding anything contained herein or in any Transaction Document to the contrary, after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, (i) the Residual Interestholder will succeed to the rights of the Noteholders under this Agreement, (ii) the Owner Trustee will succeed to the rights of, but not, without its express consent, the obligations of the Indenture Trustee pursuant to this Agreement and (iii) the Collection Account will continue to be maintained as set forth in Section 4.4; provided, however, the Residual Interestholder shall not be entitled to any payments pursuant to Section 4.4 other than pursuant to clause fifteenth thereof. [SIGNATURES FOLLOW] 38 36 Sale and Servicing Agreement (20[ ]2013-[ ]3) IN WITNESS WHEREOF, the parties have caused this Sale and Servicing Agreement to be duly executed by their respective officers thereunto duly authorized as of the day and year first above written. SANTANDER DRIVE AUTO RECEIVABLES LLC, as Seller By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: SANTANDER DRIVE Vice President XXXXXXXXX XXXXX AUTO RECEIVABLES TRUST 20[ ]2013-[ ]3, as Issuer By: [ ], U.S. Bank Trust National Association,not in its individual capacity but solely butsolely as Owner Trustee By: /s/ Xxxxxxxx X. Child Name: Xxxxxxxx X. Child Title: Vice President SANTANDER CONSUMER USA INC., as Servicer By: /s/ Xxxx XxXxxxxxxx Name: Xxxx XxXxxxxxxx Title: [ ]Treasurer XXXXX FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Indenture Trustee By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Vice President SCHEDULE I REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RECEIVABLES

Rights of the Residual Interestholder. Notwithstanding anything contained herein or in any Transaction Document to the contrary, after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, (i) the Residual Interestholder will succeed to the rights of the Noteholders under this Agreement, (ii) the Owner Trustee will succeed to the rights of, but not, without its express consent, the obligations of the Indenture Trustee pursuant to this Agreement and (iii) the Collection Account will continue to be maintained as set forth in Section 4.4; provided, however, the Residual Interestholder shall not be entitled to any payments pursuant to Section 4.4 other than pursuant to clause fifteenth thereof. [SIGNATURES FOLLOW] 38 35 Sale and Servicing Agreement (20[ ]2012-[ ]1) IN WITNESS WHEREOF, the parties have caused this Sale and Servicing Agreement to be duly executed by their respective officers thereunto duly authorized as of the day and year first above written. SANTANDER DRIVE AUTO RECEIVABLES LLC, as Seller By: Name: Xxxxxx Xxxx Title: SANTANDER DRIVE Vice President XXXXXXXXX XXXXX AUTO RECEIVABLES TRUST 20[ ]2012-[ ]1, as Issuer By: [ ]U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee By: Name: Title: SANTANDER CONSUMER USA INC., as Servicer By: Name: Xxxx XxXxxxxxxx Title: [ ]Treasurer XXXXX FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Indenture Trustee By: Name: Title: SCHEDULE I REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RECEIVABLES